A/HRC/41/45 (f) Transparency and accountability 63. The principle of transparency is derived from a number of rights, including the right to information, a fundamental element of the freedom of expression. Article 19 of the International Covenant on Civil and Political Rights enshrines the freedom to seek, receive and impart information. Transparency is necessary for the realization of the right to participate. Principles of statistical practice and bioethics also recognize the necessity of transparency in the conduct of data collection and research. 64. The principle of transparency must be applied with regard to two broad groups of people. First, a minimum of information concerning data collection, processing and use must be provided to data subjects at the moment of collection as part of the process of obtaining consent. Several stakeholders highlighted the importance of informed consent and transparency, stating that people were entitled to have full knowledge about the objectives of any data collection activity, how the data would be used and who would use it or have access to it.136 65. Second, information about data-related activities must be made available to the general public, which includes the data subjects, users of data and customers of public dataproducing organizations. Anyone participating in public policy discussions where data is relevant should be able to understand the data and its significance to the discussion. Information should be provided on, inter alia, the existence of all efforts to collect data, for either statistical or administrative purposes, on the uses of such data, on how the data will be maintained and on whether and how the public can access such data. Transparency regarding the sources, methods and procedures used to produce official statistics should enable users to judge the fitness of the use of the data. A lack of visibility of existing research data resources and future data collection poses serious obstacles to access.137 66. Transparency is achieved through various measures. As a minimum, States must create a legal framework applicable to the data-related activities of public agencies, 138 including the administrative consequences for violating that framework, as well as rules guiding access to information. 67. Several States have adopted legislative measures related to transparency. For example, in Mexico, the general law on transparency and access to public information establishes common transparency obligations for all regulated entities. 139 In a move to ensure more transparency, particularly regarding how data is used to develop policies and deliver services, the United Kingdom adopted the Freedom of Information Act, which gives individuals the right to access recorded information held by public sector organizations, including the Office for National Statistics. 140 In Argentina, in accordance with the law on protection of personal data (Law 25.326), citizens can exercise their right to rectify information that the State and private entities possess about them. Hence, data related to a person stored in data banks must be processed in such a way that that person can have full access to the data. 141 In the Dominican Republic, any person may go to the competent judicial authority to request the updating, rectification or destruction of information that unlawfully affects their rights, or to object to the treatment of that data. 142 (g) Impartiality 68. The impartiality of statistical agencies is essential for the credibility of official data and to maintain trust in the operations of those agencies. Statistical agencies must be free 136 137 138 139 140 141 142 See, for example, the submission from the Asian-Pacific Resource and Research Centre for Women and others. OECD Principles and Guidelines for Access to Research Data from Public Funding (2007). The implementation guidelines for the Fundamental Principles of Official Statistics provide guidance as to the types of legal framework necessary. Submission from the National Human Rights Commission of Mexico. See www.gov.uk/make-a-freedom-of-information-request/organisations-you-can-ask-for-information; submission from the United Kingdom. Submission from the Office of the Ombudsman (Argentina). Submission from the Dominican Republic. 19